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Category

LPA cases - revocation


The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Whether to register LPAs Re KC: LCR v SC [2020] EWCOP 62(1) The three-stage test in Re J [2010] MHLO 167 (COP) for revocation of an LPA was applied to LPA registration in this case: the LPAs were not registered as the acrimonious relationship among the donees would prevent them from acting in KC's best interests. (2) a panel deputy for property and affairs was appointed, but no personal welfare deputy. 2020‑12‑12 10:59:32


Re CMW: Public Guardian v AM [2015] EWCOP 86, [2015] MHLO 130 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and affairs. ... I am satisfied that Carla lacks capacity to revoke the LPA herself. ... I am also satisfied that the respondent has behaved in a way that contravenes his authority and is not in the donor's best interests. He has broken virtually every rule in the book and, having exhausted his mother's funds in order to meet his "life's requirements at that time", he blithely expects the taxpayers of Surrey to pick up the tab to meet his mother's care needs now. I have no hesitation in revoking the LPA and directing the Public Guardian to cancel its registration. I shall make a separate order appointing Michael Stirton as Carla's deputy for property and affairs." 2015‑12‑22 21:53:29 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re OL [2015] EWCOP 41, [2015] MHLO 114 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs because the attorneys have used their power carelessly and irresponsibly. I am satisfied that the attorneys have behaved in a way that contravenes their authority or is not in the donor's best interests. ... Their failure to keep accounts of the transactions carried out on the donor's behalf or to produce any record of her income and expenditure would alone be sufficient to warrant the revocation of their appointment. However, in this case both attorneys, and in particular DA, have compounded their culpability by taking colossal advantage of their position and obtaining personal benefits far in excess of the limited power that attorneys have to make gifts of the donor's property under section 12 of the Mental Capacity Act. DA has also failed to keep the donor's money and property interests separate from her own interests in respect of the property she owns in South Norwood. ... I propose to appoint a panel deputy and authorise them to take such steps as are necessary or expedient to restore OL's estate so far as possible to the position in which it would have been before the attorneys began acting so recklessly and irresponsibly. In view of the attorneys' conduct, I consider that a departure from the general rule as to costs in property and affairs proceedings is justified and shall make no order as to costs." 2015‑12‑21 23:23:11 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


The Public Guardian v SR [2015] EWCOP 32, [2015] MHLO 96 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and affairs and directing him to cancel its registration." 2015‑11‑13 23:02:49 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re DWA [2015] EWCOP 72, [2015] MHLO 92 — "On 1 October 2014 I made an order on the papers revoking a Lasting Power of Attorney ('LPA') for property and financial affairs in respect of one of three attorneys because I was satisfied that the donor was incapable of revoking the appointment herself and that the attorney in question had behaved in a way that contravened her authority or was not in the donor's best interests. This is an application by the attorney whose appointment was revoked for me to reconsider that decision pursuant to rule 89 of the Court of Protection Rules 2007." 2015‑11‑12 18:45:20 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re AMH [2015] EWCOP 70, [2015] MHLO 90 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑11‑12 18:23:55 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re ARL [2015] EWCOP 55, [2015] MHLO 86 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑10‑31 20:50:26 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re EL: Public Guardian v CS [2015] EWCOP 30, [2015] MHLO 56 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and financial affairs and directing him to cancel its registration." 2015‑07‑20 20:54:31 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re SM: Public Guardian v MO [2015] EWCOP 27, [2015] MHLO 54 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑07‑20 20:47:12 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re ID (Revocation of LPA) [2015] EWCOP 19, [2015] MHLO 28 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney." 2015‑03‑24 20:22:24 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re BN [2015] EWCOP 11, [2015] MHLO 22 — "This is an application under rule 89 of the Court of Protection Rules 2007 for me to reconsider an order I made on the papers. ... BN does not lack capacity to revoke the LPAs and, indeed, she has no wish to revoke them, so the court is powerless to intervene. ... CN acted in bad faith, was motivated by spite, and was unsuccessful. BN responded to the application by taking advice from her solicitors, who sensibly narrowed the matter down to a single issue. It would be unjust to expect BN to pay the legal costs she had to incur in order to resist such an unmeritorious application." 2015‑03‑24 17:34:53 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re GW [2015] EWCOP 9, [2015] MHLO 20 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs because the attorney has behaved in a way that contravenes his authority and is not in the donor's best interests." 2015‑03‑24 16:59:53 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re SB: Public Guardian v BB [2015] EWCOP 7 [2015] MHLO 15 — "This is an application to revoke a Lasting Power of Attorney for property and financial affairs because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests. It is also a contested application as to who should be appointed as SB's deputy for property and affairs in place of the attorneys." 2015‑02‑12 23:07:50 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re EG: Public Guardian v GB [2015] EWCOP 6, [2015] MHLO 14 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs ('LPA') because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests." 2015‑02‑12 23:05:52 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


The Public Guardian v VT [2014] EWCOP 52, [2014] MHLO 129 — This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs on the ground that the donee of the power has behaved in a way that contravenes her authority or is not in the donor's best interests. 2014‑12‑31 10:25:22 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


The Public Guardian v Marvin [2014] EWCOP 47, [2014] MHLO 125 — "This is an application by the Public Guardian to revoke two Lasting Powers of Attorney – an LPA for property and financial affairs and an LPA for health and welfare. The attorney concedes that he has contravened his authority and failed to act in the donor's best interests in respect of the donor's property and affairs, and has no objection to court revoking the LPA for property and financial affairs. However, he does not consider that he has contravened his authority or failed to act in the donor's best interests with regard to the donor's health and welfare." 2014‑12‑30 23:28:30 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


The Public Guardian v AW (Application to revoke LPA) [2014] EWCOP 28, [2014] MHLO 116 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney ... Having regard to all the circumstances, therefore, I shall revoke AW's appointment as attorney because I am satisfied that: (a) OB lacks capacity to revoke the LPA herself; and (b) AW has contravened her authority by taking advantage of her position." 2014‑12‑30 21:14:04 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re PC: Public Guardian v AC [2014] EWCOP 41, [2014] MHLO 109 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs and to direct him to cancel its registration." 2014‑11‑06 23:05:38 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re JL (Revocation of LPA) [2014] EWCOP 36, [2014] MHLO 97 — "I am satisfied that (1) AS has behaved in a way that contravenes her authority and is not in JL's best interests, and (2) JL lacks capacity to revoke the LPA herself, and I shall revoke the LPA for her. With regard to the appointment of a deputy for property and affairs, I consider that it would be in JL's best interests to appoint the authorised officer for property and affairs deputyships of Essex County Council as her substantive deputy. He is already acting as her interim deputy by virtue of my order of 10 June 2014 and JL has expressed a preference that he should continue to manage her funds." 2014‑10‑09 23:03:50 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re VH (Revocation of Lasting Power of Attorney) [2014] EWCOP 15, [2014] MHLO 63 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney for property and financial affairs. ... Because of DH's lack of credibility, his inexperience in assessing capacity, his vested interest in the outcome, and because of the complicated nature and effect of the particular transaction that he required VH to enter into, I prefer the Special Visitor's opinion that she probably lacked capacity to DH's bold assertion that his mother 'fully understood what she was doing' when she entered into the mortgage and handed over to him the money that had been advanced by Barclays Bank. I am not satisfied that on 21 October 2011 VH had the capacity to enter into the transaction, which not only severely depleted her capital but also had adverse impact on her income, and I am not prepared retrospectively to approve the gift because it was neither reasonable nor affordable. VH may need these funds in future to pay for her care, either in her own home or in a residential care home or nursing home. I am satisfied that VH lacks the capacity to revoke the LPA and that DH has behaved in a way that has both contravened his very limited authority to make gifts under section 12 of the Mental Capacity Act 2005 and has not been in VH's best interests. Accordingly, I revoke the LPA and direct the Public Guardian to cancel its registration." 2014‑08‑01 10:35:31 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


LB Redbridge v G (No 5) [2014] EWCOP 17, [2014] MHLO 53 — (1) Best interests: "I have to conclude that it is not in G's best interests to have C and F [who had insinuated themselves into her home as carers] remaining in her home. I weigh against her expressed wishes and feelings the detrimental effect that C's manipulative and intimidating behaviour has already had on G's emotional well-being and mental capacity, the isolation, the fear and the fact that it is C's behaviour, assisted by F who has supported her throughout, that has caused these proceedings and the gross intrusion into G's life that this case and the additional media attention have brought. It is intended that G should now be allowed to be at peace in her own home as she wants." (2) Residence: "I have already made an order that C and F are to leave the house. The couple have never had any right to reside there in any event there except as permitted by G. G lacks the capacity to decide who she has contact with so that permission is no longer a valid reason for C or F to remain. ... I consider that I have powers under s 17 to make the order I have that C and F vacate G's home..." (3) LPA: "As I have concluded that it is not in G's best interests for C to remain in her home, then it follows that it is not in G's best interests for C to be her appointed health and welfare Attorney. ... On the findings I have made ... it is more likely than not that C used undue pressure. ... I revoke the LPA..." (4) Contact: "I cannot find any benefit for G in having any direct or indirect contact with C or F either now or in the future." 2014‑07‑28 13:36:29 2014 cases, 39 Essex Street summary, Judgment available on Bailii, LPA cases - revocation, Other capacity cases, Transcript


The Public Guardian v JW [2014] EWCOP B24 , [2014] MHLO 34 (COP) — "In his application to the court, the Public Guardian sought two orders. The first was for the revocation of the LPA and the second was for the appointment of a panel deputy." 2014‑06‑08 00:44:42 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re MRJ (Reconsideration of Order) [2014] EWCOP B15, [2014] MHLO 27 — "This is an application to reconsider an order I made on 27 September 2013: (a) suspending the applicants from acting as MRJ's attorneys under a Lasting Power of Attorney ('LPA') for property and financial affairs until further order; and (b) appointing the authorised officer of Suffolk County Council as MRJ's interim deputy with instructions to investigate the applicants' management of her finances. ... In my judgment, the revocation of the LPA is in MRJ's best interests. It is in accordance with the law, and it is a necessary and proportionate response for the prevention of crime and for the protection of MRJ's right to have her financial affairs managed competently, honestly and for her benefit." 2014‑05‑10 14:35:10 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re DP (Revocation of LPA): OPG v John Marney [2014] EWHC B4 (COP), [2014] MHLO 8 — "Having regard to all the circumstances, therefore, I am satisfied that JM has behaved in a way that has both contravened his authority and has not been in DP's best interests. Accordingly, I revoke the LPA under section 22(4)(b) of the Mental Capacity Act 2005 and direct the Public Guardian to cancel the registration of the instrument under paragraph 18 of Schedule 1 to the Act. I also direct that a member of the panel of deputies be invited to make an application to be appointed as deputy to manage DP's property and affairs." 2014‑03‑04 15:21:05 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript


Re Buckley: The Public Guardian v C [2013] EWHC 2965 (COP), [2013] MHLO 13 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney (‘LPA’) and to direct him to cancel the registration of the LPA. ... Having regard to all the circumstances, therefore, I am satisfied that: (a) the attorney has contravened her authority and acted in a way that is not in Miss Buckley’s best interests; (b) Miss Buckley is incapable of revoking the LPA herself; (c) the revocation of the LPA in order to facilitate the appointment of a deputy is both a necessary and proportionate response for the protection of Miss Buckley’s right to have her financial affairs managed competently, honestly and for her benefit, and for the prevention of crime; and (d) it is in Miss Buckley’s best interests that the court should revoke the LPA." 2013‑03‑26 21:27:53 2013 cases, Judgment available on Bailii, Judgment available on MHLO, LPA cases - revocation, No summary, Transcript


Re Harcourt [2012] MHLO 74 (LPA) — "This application relates to an investigation by the Office of the Public Guardian into the management of Mrs Harcourt’s property and financial affairs by her daughter under a Lasting Power of Attorney. It considers the powers of the OPG and the Court of Protection when an attorney impedes an investigation and the circumstances in which the court may revoke an LPA." 2012‑08‑16 22:13:15 2012 cases, Brief summary, Judgment available on MHLO, LPA cases - revocation, Neutral citation unknown or not applicable, Transcript


* Revocation of LPA Re J [2010] MHLO 167 (COP)Under MCA 2005 s22(3) ('Powers of court in relation to validity of lasting powers of attorney') the court can consider any past behaviour or apparent prospective behaviour by the attorney (not just behaviour as P's attorney); depending on the circumstances and gravity of any offending behaviour found, it can then take whatever steps it regards as appropriate in P’s best interests (this only arising if P lacks capacity) whether by revoking the power or by taking some other course. 2011‑01‑22 23:30:24


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The following 27 pages are in this category.